Suryamani Thakur @ Suryamani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17466 of 2022 Arising Out of PS. Case No.-16 Year-2016 Thana- BIHARSHARIF RAIL P.S. District- Patna ====================================================== SURYAMANI THAKUR @ SURYAMANI Son of Kailu Thakur Resident of Village - Srichandpur, P.S. - Harnaut, District - Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Informant :

Mr. Kunwar Ajit Singh, Advocate For the State :

Mr. Ram Sumiran Rai, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-04-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The present bail application has been filed in terms of the liberty granted to the petitioner by order dated 13.12.2021 in Cr. Misc. No. 37726 of 2021.

Learned counsel for the petitioner submits that based on the submission made by the learned counsel for the informant that the trial has completed and the case is fixed for argument, as such, the liberty was granted to the petitioner to renew his prayer for bail in the event, if the trial is not finally concluded within two months from the date of receipt/production of a copy of the order.

Patna High Court CR. MISC. No.17466 of 2022(3) dt.27-04-2022 2/3 Learned counsel submits that a report was called for and from perusal of the report, it appears that out of twelve witnesses, only six witnesses have been examined and the seventh witness i.e. the Investigation Officer his crossexamination is going on. Learned counsel makes a very sure submission that the petitioner has remained in custody for more than five years and in the event of acquittal after trial how the period of incarceration of the petitioner would be compensated and in the event if the petitioner is convicted, he shall serve the sentence. The Court finds force in the submission made by the learned counsel for the petitioner.

In view of the submission made by the learned counsel for the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.Tr. No. 29 of 2018 arising out of G.R.P.S. Bihar Sharif Case No. 16 of 2016. G.R. No. 657 of 2016, subject to the condition that if the learned court below comes to a conclusion that the petitioner after his release is trying to delay the trial then in that event the learned

Patna High Court CR. MISC. No.17466 of 2022(3) dt.27-04-2022 3/3 court below shall forthwith cancel the bail bond of the petitioner by recording reasons.

(Satyavrat Verma, J) Kundan/- U T